Roberts & Anor v Gable & Ors [2007] EWCA Civ 721 (12 July 2007)

Roberts & Anor v Gable & Ors [2007] EWCA Civ 721 (12 July 2007)

The article was protected by qualified privilege under the reportage doctrine because it neutrally reported a political dispute without adopting the allegations, and responsible journalism did not require verification in this context. The public interest in the dispute outweighed the claimants' reputational interests.

Citation
[2007] EWCA Civ 721
Parties
Appellant: Christopher Roberts; Appellant: Barry Roberts; Respondent: Gerry Gable; Respondent: Steve Silver; Respondent: Searchlight Magazine Ltd
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Appeal / Judgment of Court of Appeal (civil Division)
Outcome
appeal dismissed
Legal Topics
Qualified Privilege, Reportage Doctrine, Responsible Journalism, Freedom of Expression, Protection of Reputation, Public Interest
Defamation Media Law Human Rights Qualified Privilege Reportage Doctrine Responsible Journalism Freedom of Expression Protection of Reputation +1 more

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Parties

Christopher Roberts

Appellant

Barry Roberts

Appellant

Gerry Gable

Respondent

Steve Silver

Respondent

Searchlight Magazine Ltd

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege under the Reynolds and reportage doctrines
  2. 2 Whether the article adopted defamatory allegations or merely reported them
  3. 3 Whether responsible journalism required verification of allegations in the context of political dispute

Ratio Decidendi

The article was protected by qualified privilege under the reportage doctrine because it neutrally reported a political dispute without adopting the allegations, and responsible journalism did not require verification in this context. The public interest in the dispute outweighed the claimants' reputational interests.

Court Disposition

appeal dismissed

Orders

  • Claim dismissed
  • Privilege defence upheld